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> DEBATE: (HR 1.227) Capital Punishment Upgrade Act, Debate and Hearing - Until Nov 30
caspian88
Posted: Nov 24 2004, 02:38 PM
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QUOTE
Be it enacted by the House of Representatives in Congress assembled



Mr. Kiefer, for himself, and Mr. Mcgyver and Mr. Fernandez wish to introduce the following:

A BILL

To upgrade certain crimes to �capitol punishment� status for the welfare and security of the citizens of the United States of America



I. TITLE

This bill may be referred to as the �Capitol Punishment Upgrade Act�.

II. FINDINGS OF CONGRESS

Congress finds the following:

A. Certain crimes have an extremely negative impact upon the health, welfare, security, social norms, values and ethics, and safety of the citizens of the United States of America.
B. Some of these crimes have the potential to cause death to the victim, whether directly or indirectly.
C. Among these crimes mentioned in subtitles A and B above are the following:

1. The illegal manufacturing of controlled substances as defined elsewhere in the United States Code.
2. The illegal transportation of controlled substances as mentioned in this subtitle.
3. The illegal sale of controlled substances.
4. Treason, or any other act against the Government of the United States of America and/or its citizens, whether by overt means or by covert means, for the express purpose of combating against the Government of the United States of America to alter a policy, rule, procedure, law, or any other authority exercised by any citizen of the United States of America, or for the express purpose of promoting an agenda through said means, by:

a. A foreign power, organization or individual;
b. An international organization with any elements operating within the United States of America;
c. Any domestic power, organization or individual;
d. Any agent, foreign or domestic, operating as a member of such organizations mentioned in subsection a, b and c above;

5. Assaults and other crimes that are sexual in nature; and
6. Any sexual exploitation of children.

D. In particular with respect to Sections 5 and 6 of Subtitle C, the recidivism rate is extremely high. Offenders often become repeat offenders and there is clinical proof that there is very likely no chance for reform.
E. Because of these findings, the security of the Government of the United States of America and its citizens are forever in jeopardy if the offender is allowed to continue to live.
F. Therefore, it is the duty of Congress to enact laws to remove those individuals who have committed the aforementioned acts in Subtitle C above.
G. The only possible way to assure that the Government of the United States and its people are forever secure from these individuals is through the use of Capital Punishment; in particular, the death penalty.
H. Therefore, Congress must alter laws that mention these specific acts by prescribing the death penalty for said acts.
I. Congress is empowered to create or alter such laws concerning said criminal acts through Article I, Section 8, Clause 1 and Article III, Section 3, Clause 2 of the Constitution of the United States of America.

III. INTENT OF CONGRESS

It is the intent of Congress to ensure that the Government of the United States of America and its citizens are made permanently secure by removing those individuals who have proven themselves to be a permanent danger to said individuals, society in general or the Government of the United States and to assure their continued permanent security through the use of the death penalty.

IV. AMENDMENTS CONCERNING ACTS AGAINST THE GOVERNMENT OR ANY MEMBER OF THE GOVERNMENT OF THE UNITED STATES OR ANY CITIZEN OF THE UNITED STATES OF AMERICA OR COMMITTED BY A CITIZEN OF THE UNITED STATES OF AMERICA


A. ILLEGAL PURCHASE OF NUCLEAR MATERIALS�The text of the paragraphs listed under Subsection (b) of Title 18, Chapter 39, section 831 is stricken and replaced with the following:

1. �(1) under paragraphs (1) through (7) of Subsection (a), death or life imprisonment.�
2. �(2) under paragraph (8) of Subsection (a), imprisonment of any number of years or life.�

B. TERRORISM�Under Title 18, Chapter 113B, Section 2332:

1. Under Subsection (a):

a. The text in paragraph (2) of this subsection after �of this title,� is stricken and replaced with �be punished by death or life imprisonment�.
b. The text in paragraph (3) of this subsection after �of this title,� is stricken and replaced with �be fined for any amount and/or be imprisoned for no more than seven years�.

2. Under Subsection (b):

a. The text in paragraph (1) of this subsection after �in this chapter,� is stricken and replaced with �be punished by death or life imprisonment�.
b. The text in paragraph (2) of this subsection after �of the conspiracy,� is stricken and replaced with �be punished by death or life imprisonment�.

3. The text in subsection �, paragraph (2), after �shall be� is stricken and replaced with �punished by death or life imprisonment�.

C. CRIMINAL ACTS OF A SEXUAL NATURE�

1. Under Title 18, Chapter 109A:

a. Under Section 2241:

i. The text in Subsection (a) after �attempts to do so,� shall be stricken and replaced with �shall be punished by death�.
ii. The text in Subsection (b), paragraph (2), subparagraph (B), after �attempts to do so,� is stricken and replaced with �shall be punished by death or life imprisonment�.
iii. The text under Subsection � after �attempts to do so,� shall be stricken and replaced with �shall be punished by death or life imprisonment�.

b. The text in section 2242, paragraph (2), subparagraph (B) after �attempts to do so,� is stricken and replaced with �shall be punished by death or life imprisonment�.
c. Under Section 2243:

i. The text in Subsection (a) after �attempts to do so,� is stricken and replaced with �shall be punished by death or life imprisonment�.
ii. The text in Subsection (b) after �attempts to do so,� is stricken and replaced with �shall be punished by death or life imprisonment�.

d. All other sections under this chapter are hereby repealed.

2. Under Title 18, Chapter 110:

a. Under Section 2251, Subsection (d):

i. The text after �conspires to violate, this section shall be fined under this title or� and before �and both, but if such person has one� is stricken and replaced with �imprisoned for not less than 30 years nor more than 45 years�.
ii. The text after �one prior conviction under this chapter, chapter109A or chapter 117 or under the laws of any State relating to the sexual exploitation of children, such person shall be� and before �but if such person has 2 or more� is stricken and replaced with �imprisoned for any number of years or life�.
iii. The text after �2 or more prior convictions under this chapter, chapter 109A or chapter 117 or under the laws of any State relating to the sexual exploitation of children, such person shall be� is stricken and replaced with �punished by death or life imprisonment�.

b. Under Section 2251a:

i. The text in subsection (a), paragraph (2), subparagraph (B) after �shall be punished by� and before �if any of the� is stricken and replaced with �death or life imprisonment�.
ii. The text in subsection (b), paragraph (2), subparagraph (B) after �shall be punished by� and before �if any of the� is stricken and replaced with �death or life imprisonment�.

c. Under Section 2260, the text in subsection �, paragraph (2) after �chapter 109A, shall be� is stricken and replaced with �punished by death or life imprisonment�.

D. TREASON, SEDITION AND SUBVERSIVE ACTIVITIES�Under Chapter 115:

1. Under section 2381, the text after �shall suffer death� is deleted.
2. Under section 2381, the text after �or imprisoned for� and before �or both� is stricken and replaced with �not less than 20 years�.
3. Under section 2383, the text after �or comfort thereto� is stricken and replaced with �shall be punished by death�.
4. Under section 2384, the text after �they shall each be� is stricken and replaced with �punished by death�.
5. Under section 2385, the fourth paragraph is stricken and replaced with �Shall be punished by death�.
6. Under section 2387, subsection (a), the unmarked paragraph after paragraph (2) is stricken and replaced with �shall be punished by death�.
7. Under section 2388:

a. Under subsection (a), the last paragraph shall be stricken and replaced with �Shall be punished by death�.
b. Under subsection �, the text after �under this section� is stricken and replaced with �shall be punished by death�.

8. Under section 2389, the last paragraph is stricken and replaced with �Shall be punished by death�.
9. Under section 2390, the text after �against the United States� is stricken and replaced with �shall be punished by death�.
10. A new section 2391 is added with the following text:

a. Subsection (a): Whoever, within the territorial and special maritime jurisdiction of the United States, recruits for a known and declared enemy of the United States or a member thereof, or
b. Subsection (b): Enlists with a known and declared enemy of the United States or a member thereof
c. Subsection �: Shall be punished by death.

E. ILLEGAL PRODUCTION, TRANSPORTATION, DISTRIBUTION AND SALE OF A CONTROLLED SUBSTANCE AND RELATED OFFENSES�Under Title 21,

1. Under Section 856, subsection (b), the text after �of this section� is stricken and replaced with �shall be punished by death�.
2. Under Section 841:

a. The text in the introductory paragraph after �shall be� is stricken and replaced with �punished by death.
b. All subsections in this section are hereby repealed.

3. Under Section 842, the entire text of subsection � is stricken and replaced with �The penalty for violating any or all provisions of this section shall be death.�
4. Section 847 of this title is hereby repealed.
5. Under section 848:

a. Under subsection (a), the text after �shall be sentenced� is stricken and replaced with �to death or life imprisonment�.
b. Under subsection �:

(1) The text before �for engaging� is stricken and replaced with �Capitol Punishment�.
(2) The text after �and fined in accordance with subsection (a) of this section� is stricken and replaced with �or punished by death�.
(3) Paragraphs (1) and (2) of subsection � of section 848 are hereby repealed.

c. Under subsection (e):

(1) Under paragraph (1):

(a) Under subparagraph (A), the text after �such killing results� and before �death� is stricken and replaced with �shall be sentenced to life imprisonment or�.
(b) Under subparagraph (B), the text after �such killing results� and before �death� is stricken and replaced with �shall be sentenced to life imprisonment or�.

6 Under Section 849:

a. Under subsection (a):

(1) The text �First offense� is stricken.
(2) The text after �safety rest area is� and before �subject to� is stricken.
(3) The text after �subject to� is stricken and replaced with �life imprisonment or death�.
(4) Paragraphs (1) and (2) of this subsection are hereby repealed.

b. Subsection (b) is hereby repealed.

6. Under Section 856, subsection (b), the text after �shall be sentenced to� is stricken and replaced with �life imprisonment or death�.
7. Under Section 859:

a. Under subsection (a):

(1) The text �First offense� in the initial paragraph is stricken�.
(2) The text after �of age is� and before �subject to� is stricken.
(3) After �subject to�, there shall be inserted �life imprisonment or death�.
(4) Paragraphs (1) and (2) of this subsection are hereby repealed.

b. Subsection (b) is hereby repealed.

8. Under Section 860:

a. Under subsection (a):

(1) The text �First offense� in the initial paragraph is stricken�.
(2) The text after �of age is� and before �subject to� is stricken.
(3) After �subject to�, there shall be inserted �life imprisonment or death�.
(4) Paragraphs (1) and (2) of this subsection are hereby repealed.

b. Subsection (b) is hereby repealed.

9. Under Section 861:

a. Under subsection (b):

(1) The text �Penalty for the first offense� in the initial paragraph is stricken�.
(2) The text after �of age is� and before �subject to� is stricken.
(3) After �subject to�, there shall be inserted �life imprisonment or death�.
(4) Paragraphs (1) and (2) of this subsection are hereby repealed.

b. Subsection � is hereby repealed.
c. Subsection (d) becomes subsection �, and the text after �shall be subject to� is stricken and replaced with �punishment by death or life imprisonment�.
d. Subsection (e) becomes subsection (d), and the text after �of subsections� and before �of this section� is stricken and replaced with �(b) or ��.

10. Under Section 863, subsection (b), the text after �shall be� is stricken and replaced with �punished by death or life imprisonment�.
11. Under Section 864, subsection (b), the text after �shall be� is stricken and replaced with �punished by death or life imprisonment�.
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ALindsay
Posted: Nov 24 2004, 04:33 PM
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Mr. Chairman,

The only crimes that should be punishable by death are murder and treason.

I yield.
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ZWisniewski
Posted: Nov 29 2004, 01:16 PM
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Mr. Chairman,

I rise in opposition to this legislation. Capital punishment is a flawed method of doling out punishment, and as a civilized nation we should be working towards banning capital punishment, as opposed to expanding its uses. Furthermore, the death penalty has not been conclusively proven to deter criminals in engaging in criminal behavior, and an execution should be used to condemn certain types of criminal behavior, including murder. Such an act by the state is the mirror image of the criminal's willingness to use physical violence against a victim.

Additionally, it should be noted that the United States has joined such bastions of human rights as China, Iran and Iraq, Cuba, Rwanda, and the Sudan in retaining the death penalty as a form of punishment. While the United States has continued to utilize the death penalty, nations such as England, Australia, Canada, Spain, Germany, and France has abolished the death penalty. While some would argue that those countries are weaker in their enforcement of criminal activity, I would argue that they are simply more enlightened than we have been in the United States.

Again, I would like my strong opposition to this legislation to be heard, and I urge my fellow Representatives to stand with me in opposing this legislation.

I yield.
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TexasTortfeasor
Posted: Nov 29 2004, 01:42 PM
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Mr. Chairman --

I rise in opposition. Surely, society demands that we reserve the ultimate punishment of death for those crimes most heinous, and for those who are unquestionably guilty and dangerous.

Nonetheless, we should hope and pray that we can reduce the number of executions. I feel quite deeply that bloodlust degrades the spirit of our great nation, a nation that values life and redemption.

We must surely punish child molesters, smugglers, and subversives harshly; and dope-dealing as is appropriate.

Nonetheless, even under the lex talionis it would not be just to punish such crimes by death. And surely in a nation built upon Christian virtue (if not necessarily any particular religion), the lex talionis would be the outer bounds of acceptable government behavior.
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mersman
Posted: Nov 29 2004, 02:10 PM
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Mr. Chairman,

I must rise alongside my colleagues in opposition. Capital Punishment is simply flawed as it exists now. To expand the death penalty to include narcotic crimes is simply irresponsible and unacceptable.

I yield
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John Elliot
Posted: Nov 29 2004, 05:29 PM
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Mr. Chair:

The Death penelity puts the United States on par with the murders and rapists this bill is aiming to punish. I will not accept this, nor will the citizens of my congressional district accept this in any way shape or form.

I yield.
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Pro-Union Republican
Posted: Nov 30 2004, 12:56 AM
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Mr. Chair,

I find it ironic that a liberal Progressive would co-sponsor this exceedingly harsh bill. I cannot support this act because I find it using excessive force. I feel that the death penalty should be used sparingly, and the mass executions of rapists, drug dealers, etc. does bring chills to my bone. What constitutes rape? Drug Dealing? These are vague ideas which could be abused by an activist court.

We should harshly punish these crimes with prison sentences and prison labor programs. However, the death penalty expansion is taking it too far.

I urge my fellow congresspersons to vote this down.

I yield.
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Jonathan Campbell
Posted: Nov 30 2004, 12:02 PM
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Mr. Chairman

I must say that I stand with my colleagues on this bill. While I am in favor of the death penalty for heinous crimes that warrant it, I cannot say that rape or drug dealing qualify. As my distinguished colleague from Michigan stated, rape in particular, is a crime that can be severely subjective and abused, and death is a much too severe punishment for such a crime.

I yield.
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joseph-pregler
Posted: Nov 30 2004, 04:15 PM
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Mr. Chairman,

I too must stand in opposition to this expansion of the capital punishment. In my humble opinion, we should be looking for ways to fix the conditions which the death penalty is currently used for to ensure that innocent persons are not put to death.

I yield.
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caspian88
Posted: Nov 30 2004, 05:35 PM
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.47(1B)+.78(2B)+1.07(3B) +1.4HR+.33(BB+HBP) -.25(AB-H)=God
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Although debate has technically ended on this bill, the author has contacted me, wishing to provide a statement on it, and perhaps answer some questions. If there are no objections within 24 hours, I will extend debate by two days.
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Mick Peruzza
Posted: Nov 30 2004, 07:16 PM
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Mr Chair

This Bill is an attempt to legalize state sponsored terrorism against American citizens exercising their rights to the pursuit of happiness

I Yield
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caspian88
Posted: Dec 4 2004, 03:47 PM
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.47(1B)+.78(2B)+1.07(3B) +1.4HR+.33(BB+HBP) -.25(AB-H)=God
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Well, the author never came, so I'm ending debate.
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